The purpose of this
Circular is to provide information on a change in EEOICPA coverage at the Linde
Ceramics Plant in Tonawanda, NY.

The determination
has been made that Buildings 30, 31, 37 and 38 of the Linde Ceramics Plant meet
the definition of a DOE facility for purposes of the EEOICPA from 1942 through
1953. It is also determined that the Tonawanda Laboratory (Building 14) of
Linde does not meet the definition of a DOE facility, but should
continue to be treated as an AWE facility.

Employees with
confirmed employment at Linde who worked in Buildings 30, 31, 37 and 38 are
considered DOE contractor employees per the EEOICPA. They are therefore potentially
eligible for both Part B and Part E benefits. This is true in all instances except
if the documentation in the file clearly places the employee exclusively in the
Tonawanda Laboratory (Building 14). If the documentation clearly places the
employee exclusively in the laboratory the employee is to be treated as an AWE
employee and therefore ineligible for Part E.

Recategorizing a
portion of Linde from an AWE facility to a DOE facility has no effect on the
designation of Linde as an SEC. This circular does not change any aspect of
Bulletin No. 06-06 which outlines how to handle the Linde SEC class.

With regard to the
NIOSH-designated residual radiation period, the EEOICPA only provides for
residual radiation coverage for AWE facilities and not for DOE facilities. Therefore,
as a consequence of the finding that Buildings 30, 31, 37 and 38 meet the
definition of a DOE facility, the period of residual radiation is eliminated for
those buildings. The Tonawanda Laboratory (Building 14) however, continues to
have the noted residual periods. In the absence of evidence to the contrary, the
assumption that employees were working in the DOE portion of the plant
continues during the residual period. Therefore, for an employee to be covered
during the residual period, there must be affirmative evidence in the file that
their work location was the Tonawanda Laboratory (Building 14).

With regard to the
period of time during which Linde Ceramics is designated as a DOE facility for
remediation only, the change in its status to its early years does not alter
how the remediation period should be handled.

In summary, the
following is the revised coverage for the Linde Ceramics Plant in Tonawanda, NY, per this Circular.

Buildings 30, 31, 37
and 38 of Linde Ceramics are a DOE facility from 1942 through 1953. The significance
of this is that it extends Part E coverage to Linde employees who worked
therein.

The Tonawanda Laboratory
(Building 14) at Linde Ceramics is to continue being treated as an AWE facility
from 1942 through 1953.

Linde Ceramics
continues unchanged in its status as a Special Exposure Cohort (SEC) site from October 1, 1942 through October 31, 1947 (per Bulletin No. 06-06).

Only the Tonawanda
Laboratory (Building 14) has a period of residual radiation. That period, as
defined by National Institute for Occupational Safety and Health (NIOSH) is 1954-1987;
1993-1995; 1997-July 2006.[1]

[1]
Note, however that Building 14 (the Laboratory) was demolished in 2004-2005.
So even though the NIOSH-designated residual period continues until July 2006,
no employees could have worked there past 2005.